12-NON Competitive CSS Agilent Seahorse XF96PRO 75N98026Q00741.docx
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- Solicitation number
- 75N98026Q00741
About this file
This is a non-competitive justification document for a sole-source contract award for a preventative maintenance agreement for an Agilent Seahorse XF96 Pro Analyzer. The National Institutes of Health, through the Office of Logistics and Acquisition Operations, is procuring a one-year preventative maintenance agreement that includes XF Imaging and Cell Counting Software support. The justification establishes that only Agilent Technologies possesses the requisite expertise, proprietary knowledge, and authorized service capability to maintain the specialized equipment, making competitive procurement impracticable. The document supports the non-competitive award under appropriate FAR authority for cases where only one responsible source can satisfy the government's requirements due to the unique and proprietary nature of the equipment and integrated software systems.
The contract vehicle and specific pricing terms, response deadlines, and performance periods are not detailed in this justification summary. This document primarily serves as the administrative and legal foundation authorizing the government to proceed with a sole-source award to Agilent Technologies without conducting open competition, citing the specialized technical requirements and single-source availability of qualified maintenance services for the XF96 Pro Analyzer system.
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NON-COMPETITIVE
COMBINED SYNOPSIS / SOLICITATION
Title: Preventative maintenance agreement for Agilent Seahorse XF96 Pro Analyzer with XF Imaging and Cell counting Software
(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested, and a separate written solicitation will not be issued.
(ii) The solicitation number is 75N98026Q00741. This solicitation is issued as a Notice of Intent (NOI) for a non-competitive combined synopsis/solicitation to award a contract or purchase order without providing for full and open competition (including brand-name, if applicable).
This acquisition is conducted under the authority of FAR 12.603, Streamlined Solicitation for Commercial Products or Commercial Services, and is not expected to exceed the simplified acquisition threshold. Additional authority includes 41 U.S.C. 1901 and FAR 6.302-3(a)(2)(ii).
The National Institutes of Health (NIH), Office of the Director, Office of Acquisitions, intends to negotiate and award a Purchase Order on a non-competitive basis to Agilent Technologies Inc., 2850 Centerville Road, Wilmington DE 19808-1610, United States for preventative maintenance agreement for a Seahorse XF96 Pro Analyzer with XF Imaging and Cell counting Software.
(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (insert current circular number and date).
(iv) The associated NAICS code is 811210 Maintenance Agreements. This requirement is not set aside for small business.
(v) Description of Requirement:
The National Institute of Environmental Health Sciences (NIEHS) / Division of Translational Toxicology (DTT) / Mechanistic Toxicology Branch needs to purchase a preventative maintenance agreement for their existing Seahorse XF96 Pro Analyzer with XF Imaging and Cell counting software used to examine the bioenergetics capacity of various cell models and isolated mitochondria from Agilent Technologies Inc., 2850 Centerville Road, Wilmington DE 19808-1610.
Requirements:
The preventive maintenance will have a period of performance of one year from the time of award within 2026, including software updates, and technical advice as needed. The maintenance shall be conducted by a specialist engineer certified by the original manufacturer (Agilent). The agreement shall cover the entire XF96Pro Seahorse system including the following:
| • | Unlimited telephone support, hardware/software |
| • | Onsite service including travel of the engineer to the facility |
| • | All labor costs associated |
| • | Agilent Certified Parts required for repairs |
| • | Consumables used during repairs |
| • | Annual preventative maintenance visit |
| • | Consumables used during preventive maintenance |
| • | Agilent service guarantee for replacement if unable to repair the unit. |
(vi) Delivery Location:
NIH/NIEHS
111 TW Alexander Drive Research Triangle Park, NC 27709
(vii) [Reserved, if needed]
(viii) FAR 52.204-7, System for Award Management, applies to this acquisition.
(ix) The provision at FAR 52.212-1, Instructions to Offerors—Commercial Items, applies to this acquisition. Add any additional instructions as required.
(x) The provision at FAR 52.212-2, Evaluation—Commercial Items, applies to this acquisition.
(a) A written notice of award or acceptance of an offer, issued to the successful offeror within the time specified in the offer, shall result in a binding contract without further action by either party.
The Government reserves the right to accept any offer (or part of an offer) before the expiration date, whether or not discussions are conducted, unless a written notice of withdrawal is received prior to award. Add additional evaluation criteria as required.
(xi) FAR 52.212-4, Contract Terms and Conditions—Commercial Items, applies to this acquisition.
(xii) Additional contract requirements or terms and conditions, as determined necessary by the Contracting Officer and consistent with customary commercial practices: None.
(xiii) The Defense Priorities and Allocations System (DPAS) is not applicable to this requirement.
(xiv) Submission Requirements:
Responses must include sufficient information to demonstrate the respondent’s capability to provide the required product or service. Price quotations shall include, at a minimum: unit price, list price, shipping and handling costs, delivery timeframe after award, delivery terms, prompt payment discount terms, F.O.B. point (destination or origin), product or catalog numbers, product descriptions, and any other relevant information.
Evaluation factors may include, but are not limited to: past performance, technical capability, special features, trade-in considerations, expected lifecycle, warranty, maintenance availability, and environmental or energy efficiency considerations.
Respondents claiming to be manufacturers or authorized resellers of a specified brand-name product must provide:
(a) Product, catalog, model, and/or part number(s);
(b) Product description;
(c) Documentation demonstrating that the offered item meets all required salient characteristics;
(d) Quantity;
(e) Estimated price or cost;
(f) Shipping, handling, and/or installation charges; and
(g) Delivery timeframe after receipt of order.
Responses must also include the Unique Entity Identifier (UEI), Taxpayer Identification Number (TIN), and business size certification. All offerors must be actively registered in the System for Award Management (SAM) at www.sam.gov.
All responses must be received by July 17, 2026 and must reference solicitation number 75N98026Q00741. Responses may be submitted electronically to wagstaff@nih.gov.
(xv) Point of Contact:
Francisca Wagstaff at wagstaff@nih.gov
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